Cong, NC, PDP opposes ‘move’ to nominate 5 MLAs before govt formation

Jammu: The Congress, National Conference and PDP on Friday strongly opposed the nomination of five MLAs before the government formation in Jammu and Kashmir, labelling any such move as an assault on democracy and the fundamental principles of the Constitution.
For the first time in J&K, five nominated Members of Legislative Assembly (MLAs) will have a significant role in forming the new government following a decade-long hiatus. The lieutenant governor (LG) will nominate these members based on the advice of the Home Ministry, according to reports.
This process follows an amendment to the Jammu and Kashmir Reorganisation Act, 2019, which was further revised on July 26, 2023 to introduce these nominations.
In that case, the J&K assembly will expand to 95 members, increasing the majority threshold to 48 seats to form a government.
“We oppose the nomination of five MLAs by the lieutenant governor before the government formation in Jammu and Kashmir. Any such a move is an assault on democracy, the people’s mandate, and the fundamental principles of the Constitution,” Jammu and Kashmir Pradesh Congress Committee (JKPCC) senior vice president and chief spokesperson Ravinder Sharma told reporters here.
Flanked by working president Raman Bhalla, he expressed disapproval and opposition to fight it tooth and nail.
They emphasised that such attempts highlight the BJP’s desperation to manipulate numbers, despite lacking the means to form the government.
“Under the constitutional framework, the lieutenant governor must act upon the aid and advice of the council of ministers. Misusing the provision of nomination to alter majority or minority status post-election would be detrimental,” Sharma said.
He said according to the Jammu and Kashmir Reorganization Act, the LG has the power to nominate five MLAs, including representation from Kashmiri Pandits (KPs) and Pakistan-occupied Jammu and Kashmir (PoJK) refugees.
“However, under the constitutional framework, he must act upon the aid and advice of the council of ministers. Nominating MLAs before the formation of the government would be a misuse of this provision and could unfairly shift the balance of power in the assembly,” he said.
He asserted that the Congress-NC alliance is expected to secure a comfortable majority and any premature nomination would be undemocratic and a betrayal of the people’s vote.
Sharma emphasised that the nomination process should only begin after the new government takes office and recommends candidates for the positions. He also criticised the BJP for promising adequate representation in the assembly for PoJK refugees, KPs and other minorities but failing to deliver.
“The example of Sikkim’s assembly model, where Buddhist monastic communities enjoy reserved seats. We are questioning the BJP’s logic in proposing only one seat for the PoJK community against an earlier commitment of eight seats,” he said.
The Congress leaders strongly condemned the attempted attack on former deputy chief minister Tara Chand at his residence in Khour. They criticised the police for inaction despite the Election Commission’s acknowledgment of Chand’s complaint.
They raised concerns about the safety of candidates and the general public if such incidents go unchecked.
Meanwhile the National Conference raised strong objections against the nomination of five MLAs to the Jammu and Kashmir Assembly by the lieutenant governor, saying this move is “unconstitutional and undemocratic”.
The National Conference said such powers lie solely with an elected government and cannot be exercised by the lieutenant governor in the absence of an elected body.
“We have raised strong objections against the nomination of five MLAs to the Jammu and Kashmir Legislative Assembly by the LG. Any such move is unconstitutional and undemocratic,” Jammu and Kashmir National Conference provincial president Rattan Lal Gupta said here.
“The power to nominate five MLAs lie solely with an elected government. These powers cannot be exercised by the lieutenant governor (LG) in the absence of an elected body,” he added.
The National Conference leader said it is the prerogative of an elected government as per the Constitution to nominate the MLAs and not the lieutenant governor.
Gupta explained that all legislative powers, including the authority to nominate the MLAs, shift to the government after the elections.
“In a democratic set up, the elected government must have the authority to make these nominations. The LG, though part of the administration, does not have the constitutional right to take such decisions in the presence of an elected government,” he said.
Accusing the BJP of resorting to unethical practices, the National Conference leader said, “Having lost the assembly polls, the BJP has now turned to desperate measures, including indulging in horse-trading by approaching independent candidates.”
Meanwhile, Peoples Democratic Party (PDP) also criticized the BJP’s move to nominate five MLAs before government formation, calling it a direct affront to democracy.
Dr. Mehboob Beg, senior PDP leader and former Parliamentarian, in an interview with a local news agency expressed serious concerns over the decision, saying that replacing elected representatives with nominated members is an assault on the already disenfranchised people of Jammu and Kashmir.
“Elected members represent the will of the people, and they cannot be substituted by nominees chosen by the Lieutenant Governor,” he said, adding, “This move is not just unhealthy, but it’s also an insult to the democratic institution in the region. It appears the BJP is playing a dangerous game with national interests by undermining the essence of elections.”